Legal Opinion

Sheriff of Middlesex County v. COMM. OF CORRECTION

Massachusetts Supreme Judicial Court

Decided May 15, 1981PublishedCited by 21 opinions

1Opinion of the CourtWilkins, J.

A single justice of this court has reported to us a question concerning the authority of a judge of the Superior Court to order that a criminal defendant, sentenced to a term of more than two and one-half years in a State correctional facility, be held in the custody of a county sheriff in a county jail or house of correction when no space is available at any State institution. 3 The parties have stipulated to facts bearing on the reported question. 4 We conclude that, in the circumstances presented, a judge of the Superior Court does not have the authority to order that a criminal defendant…

2Cases cited11 opinions

  1. Commonwealth v. JacksonMassachusetts Supreme Judicial Court · 1976
  2. Police Commissioner v. Municipal Court of Dorchester DistrictMassachusetts Supreme Judicial Court · 1978
  3. Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1932
  4. Blankenburg v. CommonwealthMassachusetts Supreme Judicial Court · 1927
  5. Commonwealth v. ConroyMassachusetts Supreme Judicial Court · 1956

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3Cited by21 opinions

  1. Sullivan v. Chief Justice for Administration & Management of the Trial CourtMassachusetts Supreme Judicial Court · 2006
  2. Commonwealth v. GagnonMassachusetts Supreme Judicial Court · 1982
  3. Brach v. Chief Justice of District Court DepartmentMassachusetts Supreme Judicial Court · 1982
  4. Gray v. Commissioner of RevenueMassachusetts Supreme Judicial Court · 1996
  5. Commonwealth v. ColeMassachusetts Supreme Judicial Court · 2014

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